Madras High CourtSA/566/2014dismissed for nonprosecution

Bhuvaneswari v. A. Sadhashivam 69 Years

2024-03-11Honourable Mr Justice V. Lakshminarayanan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 11.03.2024

CORAM

THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and M.P.No.1 of 2014 1.Bhuvaneswari 2.Suseela 3.Vivenakandhan 4.Thangammal 5.Pongiyammal 6.Rajeswari 7.Parameswari 8.Nageswari 9.Vijayalakshmi ... Appellants/Appellants/ Defendants 6 to 14 Vs.

1.A.Sadashivam 2.P.Kandasamy 3.P.Sadashivam 4.R.K.Loganathan 5.R.K.Mathiyalagan 6.S.R.Natesan 7.M.Sellakumarasamy 8.S.Sivaraj 9.R.S.Ramasamy 10.Selvakumar 11.Murugesan 12.N.Rajalakshmi 13.Rangasamy 14.Appichiyannan Page No 1 of 4

15.Sellakumarasamy 16.Dharmaraj 17.Vijayakumar 18.C.Krishnamoorthi 19.Karuppanna gunder (deceased) (Appellants 1, 2, 3 and R20 are recorded as Lrs of the deceased R19 vide order of this Court dated 28.04.2014) 20.Shanmugasundaram

...Respondents/Respondents 1 to 20

/Plaintiffs and Defendants 1 to 5 Prayer: Second Appeal filed under Section 100 of the Code of Civil Procedure to set aside the Judgment and Decree dated 28.09.2012 made in A.S.No.61 of 2011 on the file of the Court of First Additional Subordinate Judge, Erode, confirming the Judgment and Decree dated 21.03.2011 in O.S.No.6 of 2008 on the file of the Court of District Munsif cum Judicial Magistrate, Kodumudi.

For Appellants : No Appearance For Respondents : For RR1, 3, 4 to 7, 9, 11, 12 to 15 - Notice Served - NA For RR16 to 18 and 20 - NA For RR2, 8 and 10 - Not ready in notice For R19 - Died

JUDGMENT

The learned counsel for the appellants has been absent on 07.03.2024 Page No 2 of 4

and 08.03.2024. Even today, when the matter was called, he is not present. Being left with no other option, this Second Appeal is dismissed for default. No costs. Consequently connected miscellaneous petition is closed. 11.03.2024 Index : Yes/No Speaking order / Non-speaking order nl To 1.The First Additional Subordinate Judge Erode.

2.The District Munsif cum Judicial Magistrate Kodumudi.

3.The Section Officer V.R.Section, High Court of Madras.

Page No 3 of 4

V.LAKSHMINARAYANAN, J.

nl and M.P.No.1 of 2014 11.03.2024 Page No 4 of 4